A resolution of intent to create a rural special improvement district for Mennonite Church Road paving won unanimous approval from the county commissioners on Tuesday.

The vote starts the time clock for the last leg of the process. Protesters have until 5 p.m. July 22 to provide public comments on the proposed district. A public hearing is scheduled for 10 a.m. July 23.

Last month, county officials dropped Creston Road from the proposed district because of excessive base work required and much lower traffic counts.

The portion of road proposed for paving is more than 3 miles of Mennonite Church Road between Montana 35 and Creston Hatchery Road, where road dust has become a nuisance.

Estimated construction cost is $868,252, of which the county would pay 100 percent of the road base cost, about $287,400. The developers of Foxhill Estates will pay about $92,000 to pave 1,000 feet of Mennonite Church Road serving the subdivision.

That leaves the owners of 104 lots to pay anywhere from $226 to $251 annually for 20 years, depending on the interest rate. County Administrative Officer

Mike Pence said the annual payments may be less than that because construction costs could be less than anticipated.

The county is proceeding with the special improvement district because it has 71 waivers of process among the 104 lots, a clear majority. A district can't be formed if the owners of more than 50 percent of the parcels protest it.

But there are vocal opponents to the project.

Alan Habel said he has talked to people up and down Mennonite Church Road who feel they shouldn't be saddled with extra taxes to pave the road. Habel said he even would lead an effort to sue the county if it comes to that.

Commissioner Joe Brenneman, speaking before the vote on the resolution of intent to form the district, said he believes there's wide support for the district.

"It's pretty equitable," he said, "but we won't appease everyone."

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com